Supplementary memorandum from Business
in Sport and Leisure (DGB 152)
1. Introduction
1.1 Business in Sport and Leisure welcomes
the opportunity to give further written evidence to the Joint
Scrutiny Committee for the Gambling Bill.
1.2 Business In Sport and Leisure (BISL)
is an umbrella organisation that represents over 100 private sector
companies in the sport and leisure industry and it's membership
represent a wide range of interests in the sector and include
operators of casinos, bingo, betting, pools, greyhound and horse
racing, snooker and ten pin bowling centres, pubs and the suppliers
of gaming machines. In fact as far as we are aware BISL is the
only umbrella body representing all major sectors of the Gambling
Industry.
1.3 BISL has already provided written evidence
on the early clauses of the Bill and appeared to give oral evidence
on 13 January 2004 that was supplemented by further written evidence.
2. Response
2.1 As an umbrella organisation, Business
In Sport and Leisure welcomes a replacement for the Gaming Act
1968, recognising that existing legislation has now been in place
for more than 40 years and that subsequently gambling has become
part of mainstream leisure. We believe that the current Act is
unworkable as technology moves forward so quickly and there is
a real need for new and better regulation and legislation.
2.2 You will now have received a copy of "A
Winning Hand: The Modernisation of UK Gambling" the recently
published research Business In Sport and Leisure commissioned
from Ernst & Young which aimed to:
— Assess the current size of the UK
gambling market;
— Review and assess the potential implications
of changes proposed in the Gambling Bill; and
— Gauge public understanding of and reaction
to the proposed changes to the gambling legislation.
This identified clear support amongst the general
public, with 80 per cent in favour of the proposed changes, so
long as the industry is controlled and seen to be controlled.
The public believe that people have to and should learn to fend
for themselves and be responsible for their own actions.
SPECIFIC RESPONSES
TO THE
NEW DRAFT
CLAUSES
3. Supply of Alcohol
3.1 Business in Sport and Leisure accepts
that licensed betting shops, family entertainment centres and
adult gaming centres will not be permitted to serve alcohol.
4. The Protection of Young Children
4.1 Business in Sport and Leisure supports
the need to ensure the protection of Young Children and believes
that the new offence of inviting a child to participate in gaming
is a correct one. This also makes it an offence for an adult accompanying
a child to allow them to gamble. (Part IV-36)
5. Gambling in Licensed Premises
5.1 Business in Sport and Leisure is disappointed
that clause 239 (1) permits only one or two Category C or D machines
in licensed premises. We do however, welcome the decision to retain
as of right machines and other low stake games already in place
in licensed premises. It is important that the clauses relating
to these Grandfather rights are seen by the industry before the
Bill goes through its Parliamentary phases. As ever it will be
the detail of these clauses which are of real importance.
5.2 The Licensing Act 2003 takes away the
distinction between on and off licensed premises. The draft clauses
seem to introduce that distinction by referring to an "on-premises
alcohol licence". This needs further clarification.
5.1 BISL supports the British Beer and Pub
Association in its view that clause 239 (3) permits local authorities
to refuse an application for more machines for reasons other than
consideration of the licensing objectives. BISL does not believe
that local authorities should have the right to introduce any
number of reasons for refusing to grant new or additional machines
in licensed premises.
5.2 BISL supports the BBPA in its belief that
the details of conditions surrounding the provision of gaming
machines in licensed premises should be available now and well
before the Bill goes forward in Parliament.
5.3 BISL believes that clause 236 should be altered
to allow a charge to be made for entry to licensed premises as
this can well be necessary at weekends and/or for premises in
town and city centres. Indeed it is regularly required by licensing
authorities as a condition on alcohol licences as a means of controlling
entry to licensed premises.
6. TenPin Bowling
6.1 Most of the 300 tenpin bowling centres
in the UK have a liquor licence and so under the new clauses they
will be treated as pubs. Their design, style or operation is however
very different from a pub.
6.2 The average number of machines in ten
pin bowling centres is 17. They are type C & D machines and
their contribution to the viability of the business is critical.
6.3 The draft legislation allows new ten
pin bowling centres to have only two category C machines as of
right. If this right is imposed on ten pin bowling centres, this
would threaten the viability of the construction of future bowling
centres.
6.4 Clause 236 (8) proposes that children
and young persons are excluded from participation in gaming. If
ten-pin bowling centres are to retain their current category D
machines (including pushers and cranes), this clause suggests
that they will not be able to play them in ten pin bowling centres.
6.5 Further clarification is required for
ten pin bowling centres, particularly as there is no evidence
that these premises have caused any rise in problem gambling in
the past or are likely to do in the future.
7. Commercial Clubs
7.1 The new clauses make a distinction between
"Proprietary" owned clubs and creates a new category
of "Commercial club".
7.2 Clause 227 (8) suggests that a guest
of a member can only participate in gambling in a members club
or a miners' welfare institute, but not in a commercial club.
This seems unfair and is contrary to current practice.
7.3 There seem to be no clauses which allow
a member of a club in Plymouth to use that membership in a club
in Newcastle owed by the same group.
7.4 Clause 229 (4) (d) excludes children
and young persons from any area in a club where gambling is taking
place. This could be interpreted as a physical exclusion or lines
on the floor. It has always been understood that children and
young people will be forbidden from playing machines, but for
example in the case of a snooker club, physical separation would
be impossible.
8. The Gambling Commission
8.1 Business In Sport and Leisure has no
comment to make on the proposals around investigation and enforcement
powers and the development of statutory information gateways to
assist the regulation of the industry.
9. Betting Exchanges
9.1 BISL has already expressed its view
that Betting Exchanges should be subject to the same regulatory
regime as other forms of gambling such as the licensed betting
office. We support the views of betting operators that without
such regulation it will be difficult to deal with cheats as the
current proposals only deal with retrospective action, rather
than preventative action.
10. Advertising
10.1 Business In Sport and Leisure supports
the proposal that advertising for gambling should be allowed subject
to regulation to ensure it does not encourage the young or vulnerable.
11. Fixed Odds Betting Terminals
11.1 It is unclear from the section on Gambling
in members' clubs, commercial clubs and miner's welfare institutes
whether the ability to have three category B machines includes
the provision of Fixed Odds Betting Terminals or if these machines
are only going to be available to betting shops with a betting
permit. This requires further clarification.
Please let me know if you require further information.
February 2004
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